False FIR
3 years ago
I made a complaint on 181 for incomplete CC road and its drainage waste on which neighbor's were doing potty. So we had heated arguments and by seeing it worst I dial 100. Before cop came the neighbor went to police station with her daughter and filed a case against me. During argument none party touched anyone. Police denied to take our FIR bcoz they might be compromised. I did google and came across crpc 482. Pls advise. I have given written complaint in SP Office, Collectorate and police station and none of them have taken any action so far. Pls help
Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hai,
An FIR an be quashed by the High Court if the Court is satisfied that the accused is falsely implicated and FIR is bogus and frivolous. Section 482 of Cr.PC enumerates that a High Court has got the power to act in any manner in order to make the two ends of justice meet. Under this section, a High Court has the power to quash an FIR if it thinks that the FIR which has been lodged is a false one and was done with malicious intention to trouble the aggrieved person. If any person has been implicated and accused of a non-compoundable offence then he can approach a High Court and file a Writ Petition under Article 226 of the Indian Constitution read with Section 482 of CrPC. The burden of proof is on the petitioner to prove that he FIR has been lodged only for malicious reasons and to trouble the petitioner. If you find this helpful, please rate us.
An FIR an be quashed by the High Court if the Court is satisfied that the accused is falsely implicated and FIR is bogus and frivolous. Section 482 of Cr.PC enumerates that a High Court has got the power to act in any manner in order to make the two ends of justice meet. Under this section, a High Court has the power to quash an FIR if it thinks that the FIR which has been lodged is a false one and was done with malicious intention to trouble the aggrieved person. If any person has been implicated and accused of a non-compoundable offence then he can approach a High Court and file a Writ Petition under Article 226 of the Indian Constitution read with Section 482 of CrPC. The burden of proof is on the petitioner to prove that he FIR has been lodged only for malicious reasons and to trouble the petitioner. If you find this helpful, please rate us.
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A.Hai,
The Person can approach the High Court for getting the false FIR quashed by filing an application under Sec 482 of Crpc on the following grounds-the Acts or omission on the basis of which the FIR has been lodged does not constitute an offence,
the Offence for which the FIR has been registered against the accused has never happened, the FIR contains merely baseless allegations without any reasonable ground to prove an offense against the accused. If you find this helpful, please rate us.
The Person can approach the High Court for getting the false FIR quashed by filing an application under Sec 482 of Crpc on the following grounds-the Acts or omission on the basis of which the FIR has been lodged does not constitute an offence,
the Offence for which the FIR has been registered against the accused has never happened, the FIR contains merely baseless allegations without any reasonable ground to prove an offense against the accused. If you find this helpful, please rate us.
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